 | 1855 - 800 σελίδες
...no larger benefit from the charter-party than the assignor; thus confirming the general rule that an assignee of a chose in action, takes it, subject to all the then subsisting equities against it, in the hands of the assignor. Mangles vs. Dixon, 19, Law Times... | |
 | Theophilus Parsons - 1857 - 936 σελίδες
...constitute a sufficient assignment, (ff) SECTION III. OP THE EQUITABLE DEFENCES. We have seen that an assignee of a chose in action takes it subject to all the equities of defence which exist between "the assignor and the debtor, (g) The assignee does not take... | |
 | Vermont. Supreme Court - 1857 - 904 σελίδες
...Malarkee, 26 Vt. 242. To hold that this right is defeated by the assignment, is clearly inequitable. The assignee of a chose in action, takes it subject to all equities existing between the original parties, and his condition is not to be better than that of... | |
 | Illinois. Supreme Court - 1874 - 662 σελίδες
...there existed this equitable right of set-off against Fry at the time he transferred the account ; that the assignee of a chose in action takes it subject to all the equities which existed against it in the hands of the assignor, including the equitable right of set-off,... | |
 | William Johnson, New York (State). Supreme Court - 1864 - 516 σελίδες
...to Olcott, that by him to Roe, and by Roe to the bank. It is an incontrovertible proposition, that the assignee of a chose in action takes it subject to all the -equities it was *liable [ * 553 ' to in the hands of the assignor ; or, in plainer language, the "... | |
 | Bernard Roelker - 1864 - 410 σελίδες
...instructions from the court. BARBOUR vs. FUI.LARTON, 12 Casey's Pennsylvania, Reports, 105. 673. The equitable assignee of a chose in action takes it subject to all the equities existing between the original parties, unless he has made inquiry of the debtor, and the latter,... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 790 σελίδες
...Barb., 622. VI. OF THE RULE THAT AN ASSIGNEE TAKES SUBJECT TO EQUITIES AND OFFSETS. 134. The role. The assignee of a chose in action takes it subject to all equities existing at the time in favor of the debtor, against the assignor. And any demand which the... | |
 | Iowa. Supreme Court - 1865 - 680 σελίδες
...reassignment of the same. This decision not only recognizes and ascertains the general doctrine, that the assignee of a chose in action takes it subject to all equities existing at the time in favor of the debtor against the assignee, but goes further, and holds... | |
 | William B. Wedgwood - 1866 - 494 σελίδες
...consideration is only necessary when the rights of third parties are affected by such assignment. 5. The assignee of a chose in action takes it subject to all the offsets and equitable defences existing between the original parties. The action by the assignee is... | |
 | United States. Supreme Court - 1870 - 852 σελίδες
...committed iniquity shall not have equity." 2. Are these assignees within the meaning of the rule that the assignee of a chose in action takes it subject to all the equities existing between the original parties ? In no Just sense. We here rely on what was said in... | |
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It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor... 
